The logic of law
| Abstract | ‘Law’, in the sense in which I shall use the word here, denotes an order of persons.1 Within this general concept, we can distinguish between natural orders and artificial orders. Natural order, that is natural law, is the order of natural persons. Artificial order, often referred to as positive law, is an order of artificial persons. In the terminology of Rousseau, natural persons are physical persons (‘personnes physiques’), while artificial persons are legal persons (‘personnes morales’).2 Artificial persons are positions, roles or functions in a system of rules, which defines a particular game, organization or society. The rules of the game or society tell us what those artificial persons are, and what they can and cannot do. Examples are White and Black in a game of chess as well as their subdivisions, King, Queen. | |||||||||
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